Leinster Group Pty Ltd

[2022] FWCA 3562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leinster Group Pty Ltd

(AG2022/4089)

Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022

Leinster Group Pty Ltd has made an application for approval of an enterprise agreement known as the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 13 October 2022 and, in accordance with s 54, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022. The applicant, Leinster Group Pty Ltd, sought approval for the enterprise agreement which was negotiated with the Electrical Trades Union of New South Wales. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and Fair Work Regulations 2009. The Commission was required to determine if the agreement met the procedural and substantive requirements for approval under the Fair Work Act.

The Commission assessed whether the agreement was made in accordance with the process outlined in the Fair Work Act. It examined if the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions as prescribed by the regulations. Additionally, the Commission had to ensure that the agreement did not discriminate against any employee and was in the best interests of the employees covered by the agreement. The Commission also considered submissions from both parties regarding the fairness and practicality of the terms proposed in the agreement.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all the prescribed minimum terms. The Commission was satisfied that the process followed adhered to the requirements of the Fair Work Act. It determined that the agreement was fair and did not contain any discriminatory provisions. The terms of the agreement were deemed to be in the best interests of the employees, taking into account the nature of the industry and the specific circumstances of the parties involved.

The Commission approved the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022, subject to the agreement being registered with the Fair Work Commission. The approval was based on the findings that the agreement met all the necessary legal requirements and was fair and reasonable in all its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established